Brent, I think it’s a great idea to sort out this idea of psychological testing. While those tests are not needed for most secular jobs, many mission agencies use assessments initially for two reasons. That raises an important distinction between types of tests.

Brent, I agree your problem with GINA is now way bigger. In fact, you have defined a problem that pulls in HIPAA (because of confidential medical information) and the ADA (to the extent the person has a disability) as well!

Brent, this used to be less of a problem, but recent case law suggests that requiring counseling now may be the equivalent of requiring a medical examination. This means there can be implications under the Americans with Disabilities Act. Requiring counseling would then have to be “job-related and consistent with business necessity.”

Often a mission wants a family to come to us for counseling, but the family doesn't want to. While we have had lots of success stories with these people who felt they were dragged to us, I have wondered about the “legality” of this push to get help…

A new Sixth Circuit case, Kroll v. White Lake Ambulance Authority, decided on August 22, 2012, potentially raises a new set of problems for churches and mission organizations. Requiring employees to get mental health counseling is likely a violation of the Americans with Disabilities except in certain narrow circumstances. Religious organizations should consider what circumstances apply and be prepared.

Now that the Sixth Circuit has said that requiring a worker to get psychological counseling is equivalent to requiring a medical examination under the ADA, the question is when requiring such an examination is permissible anyway.

Even when schools put in place an IEP or Section 504 plan for your student, they may not address extracurricular access. This can make it hard for your student to participate in extracurricular events. After a government report found that students with disabilities do not have equal opportunities to participate in extracurricular activities, the Office for Civil Rights issued Section 504 guidance.

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